HomeMy WebLinkAboutEasement Recorded (30) ��� - � I Illfllfl fff I[f[I fll[I IICCI f[C[I CIIII IIIII IIIII IIII IIII
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r WESTCHESTER COUNTY RECORDING AND EMDORSENENT /AiE
(THIS PAGE POW PART OF THE INSTRUMEHT)
ADDITIONAL COMMENTS RECORD AND RETURN
TITLE COMPANY NUMBER
THE FOREMING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT
('SEE CODES FOR UFFINITIONS)
Till' 1311011'IRTY IS SYAJATED IN LIBER f LJ���� MORTGE. DATE
WE:S'i'CHl•ISTE•;R COUNTY, N.Y. IN 2 n
THE PAGE J_ y MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 MqN OF CORTLANDT EXEMPT YES NO
09 T^.WN OF EASTCHF.STER STAT'Y CHARGE 5 RECTD TAX ON ABOVE MTGE:
11 MIN OF GREFNRURGH
12 MIN OF HARRISON REC*ING CHARGE 3� �---- BASIC $
16 TOWN OF u-'e I moRO /
17 TOWN OF MAMARONECK REC. MGT. FUND ADDTL $
19 TCWN OF MT. KISCO
20 MIN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
21 CITY OF MT. VERNON 4
22 TOWN OF NIM CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NEW ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $
26 TOWN OF NORTH SALEM _�xxxxxxsx :xs
28 TOWN OF OSSINING
30 CITY OF PEEKSKILL SERIAL No.
31 TOWN OF PELHAM $ �^--�
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: l_d 1-6 Q OVER
36 CITY OF RYE
7 OF RYE. RECEIVED DUAL TOWN
1CIdN OF SCARSDALE DUAL COUNTY/STATE
39 TOWN OF SOMERS $
42 CITY OF WHITE PLAINS HELD
43 'CITY OF YONKERS 8 NOT HELD
• 44 TOWN OF YORKTCOWN
tin REAL ESTATE
? TRANSFER TAX ANDREW J. SPANO
!' WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
i N TERMi 'N n� TE RETURNED
I
s EXAMINED BY
WITNESS MY AND AL S
WEST oj% RM EA 43.00
THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED Ta YOUR
REPRESENTATIVE OR ATTORNEY.
ktoER10153 PAGE
134.. '
section: 1
Blocks 5
Lotes P/,O 18A, Lot is D/S
Plates
Village of Rye Brook
Town of Rye
county of Westchester
State of few York
EXTINGUISHMENT OF EASEMENT NO. 21
AS SHOWN ON FILER MAP NO. 23809
THIS EXTINGUISHMENT .OF EASEMENT, made thiao'day
of October, 1991, by RYE BROOK DEVELOPMENT PARTNERS, a New
York Partnership with its principal place of business located
at c/o Alamit Properties, Inc., 4 Stonefalls Court, Rye Brook,
�. ]few York 10573, hereinafter referred to as the "Developer". •
W I T N E S S E T H:
WHEREAS, the Developer is the owner of those
certain plots, pieces or parcels of land situate in the
'Village of Rye Brook, County of Westchester, State of New
York, described in Easement No. 21 on a certain map entitled
"Subdivision Map of Rye Brook Estates" prepared and completed
on January 20, 1989 by Charles H. Sells, Inc., Civil Engineers
and Surveyors, Bedford Hills, New York and filed in tho County
of Westchester as map No. 23809 on July 28th, 1989; Easement
No. 21 is described on the Subdivision Map, is hereinafter
.referred to as Easement No. 21 as shown on Schedule "Al'
attached and as described on the legend on the said .
,Subdivision Map; and
WHEREAS, in the construction and installation of
the improvements at the site described on Subdivision Map No.
23809, it became necessary because of site conditions to
re-route Easement No. 21 which is shown on 'filed Map No. 23809
but unrecorded by Liber and Page; and
s WHEREAS, the creation of Easement No. 21A which is
attached hereto as Exhibit "All (for purposes of identification
only) was prepared with a metes and bounds description by
Charles Sells, Inc., Civil Engineers and Surveyors, Bedford
Hills, New York and will simultaneously be filed on even date
in the County Clerk's Office in the county of Westchester; and
WHEREAS, the creation of Easement No. 21A will •
accomplish the same purposes as those intended by the Eaaemont
( No. 21 (shown on Map No. 23809 and which is by this instrument
being extinguished) .
i
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015 3PAGE 135
NOW, THEREFORE, in consideration of the sum of TEN
U and '00/100 ($10.00) DOLLA},2S anq other good and valuable .
consideration, paid to the Developer, the receipt and
ayfficiency of which are hereby acknowledged, ".the " said
Easement. , grant, "covenant and restrictions is hereby
extinguished from the filed Mp. Nd. 23809.
IN WITNESS WHEREOF, the Developer hereto has
executed this Agreement the day and year first above-Written.
RYE BROOK DEVELOPMENT PARTNERS,
• By. Brook Two Ventures, Inc.
MITCHELL HOCHBERG, Preside
t
D101:2-21
1150 015 UGE 136.
SCHEDULE�A - DESCRIPTION !
EASEMENT NO. 21
A Beginning at a point on the northwesterly side of
Longledge Drive - Parcel C as shown on the Subdivision Map of
€ Rye Brook Estates filed in the Office of the.County Clerk,
Westchester County on June 28, 1989 Number 23809 distant as
measured along said northwesterly side of said Longledge Drive
135.14 feet northeasterly from a monument in the northwesterly
side of said Longledge Drive which is located at the
northeasterly and of a curve having a radius of 29.04 feet and
central angle of 105 degrees 48 feet 47 inches and length of
49.30 feet which curve connects the northwesterly side of said
Longledge Drive with the northerly or northeasterly side of
Parkridge Court - Parcel C as same is shown on the aforesaid map
and from said point running north 47 degrees west through HOA 10
and Lot 23 as shown on the aforementioned map 116.27 feet;
Thence north 40 degrees 50 feet east through lots 23,
22 and 21 on the aforementioned map 123.35 feet;
Thence north 25 degrees east through lots 21 and 20 •
on the aforementioned map 100.27 feet;
Thence north 34 degrees 30 feet west through lots 20,
=a' 19 and 18 on the aforementioned map 63.42 feet;
Thence south 55 degrees 30 feet west 20.00 feet;
Thence south 34 degrees 30 feet east through lots 18
and 19 on the aforementioned map 40.85 feet to a point on the
division line between lots 19 and 20 on the aforementioned map;
-' Thence south 25 degrees west through lots 20 and 21
on the aforementioned map 85.58 feet to a point on the easterly
side of Parkridge Court - Parcel C .as shown on the
aforementioned map;
;a
g Thence southerly along the easterly side of said
r, Parkridge Court - Parcel C to a point thereon distant as thereon
measured, 10.76 feet southerly from the point of intersection of
the division line between lots 23 and 24, as same .are shown on
the aforementioned - map, with said easterly side of said
f Parkridge Court - Parcel C;
' Thence south 47 degrees east through lots 24 and HOA
10 as shown on.said map 121.67 feet to the northwesterly side of
Longledge Drive - Parcel C as shown on said aforementioned map;
Thence -northerly along the northwesterly side of said .
Longledge Drive Parcel C 20.74 feet to the point or place of
t beginning.
4
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'STALE OF NEW YORK )
COUNTY.OF WESTCHESTER}
On the day of October, 1991, before me
�. personally came MITCHELL HOCHBERG, to me known, who, being by .
me duly sworn, did depose and say that he resides at Madden
Place, Harrison, New York, is the President of Brook Two
Ventures, Inc., the Managing Partner of Rye Brook Development
Partners, a New York Partnership, which executed the foregoing
:instrument; that he knows the seal of said corporation; that
• the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of
said corporation, and he signed his name thereto by like
order.
.411,1
Notary Public
.MI!ImN RRkNRII .
�. .r SWO of.N.W Tole
D101:E-21 + r 1v"'A']"'t r count'
. �iWULNY{YO�L�M Jaq�a0 j
�o. V�y��'
RECORd AND RETURN TO:
Milton Berner, Esq.
900 East''Boston Post Road
Mamaroneck, Now York 10543
OBER 101%13
P"rffiIBI'1' "A" '
section 1 ' .
Block 5,.
Lot P/O 18D, Lot,Is. D/S
a Town of Rye
,. Village of Rye Brook
County of Westchester
State of New York
DEED OF EASEMENT NO. 21A
THIS DEED OF EASEMENT, made this day of
October, 1991, by and between RYE BROOK DEVELOPMENT PARTNERS
(the fee owners being hereinafter referred to as "Grantor") , a
New York partnership having an office c/o Alamit Properties,
Inc., 4 Stonefalls Court, Rye, Brook, New York 10573, and the
` VILLAGE OF RYE BROOK, a municipal corporation having its
principal office on Bowman Avenue in the village of Rye Brook,
New York 10573 (hereinafter referred to as "Grantee") .
�y
W I T N E S S E T H•
-.-
The Grantor is the fee owner of the real property
known as Lot Nos, 18, 19, 20, 21, 22, 23, 24 and HOA 10 as.
shown and described on a certain 'Subdivision Map of Rye Brook
Estates" situate in the Village of Rye Brock, Westchester
County, New York and which map was prepared and completed on
January 20, 1989 by Charles H. Sells, Inc., Civil Engineers
3 and Surveyors, Bedford Hills, New York and filed in the County
Y of Westchester as map No. 23809 on July 28th, 1989; and
f WHEREAS, the Board of Trustees of the Village of
Rye Brook on February 14, 1989, approved the subdivision of
the subject property, formerly owned in fee by BROOK TWO
VENTURES, INC., a New York corporation with offices located
( c/o Alamit Properties, Inc., 4 Stonefalls Court, Rye Brook,
New York 10573, the predecessor in interest to RYE BROOK
DEVELOPMENT PARTNERS (the Grantor herein), into sixty (60)
lots, designated Lot Nos. 1 through 60 and common areas shown
on that certain map known and designated at Map No. 23309
filed in the County Clerk's Office of the County of
a Westchester on July 28, 19S93 and
WHEREAS, such approval was conditioned inter-alia,
i
upon BROOK TWO VENTURES, INC., its successors, ts heirs and
assigns granting to the Village of Rye Brook, its successors
i
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P .
_nb i... , :�.�r.. ,• •. • • tiara 1015 3•ehcE 139
l *and assigns, those sanitary sewer easements'which by their
i terms and. conditions create sewer. easements for the benefit
of the Village of Rye Brook and for the fee owners, their
heirs, successors and assigns, who shall be homeowners
and/or residents of the subject subdivision; and
WHEREAS, in the design and construction of the
sanitary sewer system within the subdivision, it becomes
necessary for the sound and efficient operation and use
thereof to rep-route the easement as shown herein as Easement
No. 21 the description of which is shown on Schedule "A"
attached hereto and made a part hereof.
NOW, THEREFORE, the Grantors in the consideration
of One and 00/100 ($1.00) Dollar, lawful money of the United
States, and other good and valuable considerations, do
hereby grant and release to the Grantee, a perpetual
easement as described on Schedule "A" attached.
The said easement is located within portions of
• Lot Nos. I., ;M 20, 21, 22, 23, 24 and a portion of HOA 10
on the herein described Subdivision. The easement is
further described in Schedule "A" hereto annexed and made a
part hereof, the premises lying and being in the Village of
Rye Brook, ' Town of Rye and County of Westchester, State of
New York.
This easement is granted on the following terms
and conditions:
The Village of Rye Brook shall have the right at
any tiiae of free ingress and egress for the purpose of
installing, constructing, excavating for, reconstructing,
enlarging ' within the easement granted; duplicating,'
repairing and maintaining pipelines for a _sanitary sewer,
without becoming or being held liable for trespass. The
Village of Rye Brook shall not erect any fence on any part
of said easement, nor shall any buildings or structures be
erected ' by the Village of Rye Brook except such structures
as may be necessary for temporary use in constructing,
excavating for, reconstructing, enlarging, duplicating,
repairing, maintaining said pipelines or appurtenances
theretb.
Y
rti$f�fof53eac
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AFL vhst certain let, piece er••parael of land• lying
1144 bteini it+ the pillage 05 174 !soak. County at Rest•
I
ubestor and 39ato of Nov York, said.,easysent being more
t! yarticularly bounded and -deser3bvd as fdllovst
AEGI2iNZAG at a point on the Easterly boundary liha
of gar% Ridge Court said point betag distant 14,75 feet
€ '.I as measured in a Southerly direction along the Isater27
boundary line of rark Ridge Court from its intorscc-
' Lion with the Civisien line of Lac 423 on the North and
d of Lot 0 24 on the South as shown on Subdivision, Hap of
Ityvbruok Estates filed in the Westchester County Cler'i's
office, Division of Land Records on July 27J. 1999 as :Sap
j No. 23809; chance Northerly, along the Easterly boundary
tine of Park Ridge Court the following tour/es and
�s dist/ncsst North 46. 00' Doe East 73.70 frrt to a point
k '
of curvature; thence on a 4UTV41 to the left having a
radius of 125.00 feet, a central angle of 484 28' 51°
4 ! for a di/LaACf of 103.77 fast to a point of reverse •
i� curvaturel thence or said curve to the right, having it, .
radius of 25.00 feet, a central angle of 36. 200 10e for
a distance of 15.83 feet to s point of reverse curve-
tare; thence an said curve to the left, having a radius
.I of 56.00 feet. a central angle of 03. 321 59, for a dis
t�
'I tame of S.13 fast to a pointl thence Southerly through ;
e i1
Lots sf20. 2I, 22. and a portion of 23 as ■hawA on the
aforementioned filed mapl South 030 00' 00" Last 69.19
f fear and South 40. 00' 00e West 129.93 fact to s paints
Ly R
a �~ �LIBER 1015 3 PAOE 141
�! thence Easterly through a portioo•'af Ldt 23 end cbron=h .
- a portion et Lot No. BOA-1b, as. shorn•on the afoxcasn—
�.:_� 1.
tioned filed map. South 4al 00' 000 East I12.bd feet to
!4 a point on the Northerly, boandsry' line of •Lone" Ledge'
I; 'Drive; cheacs Westerly along the boundary line of Loa;
{ Ledge Drive South SB• 20' 00e West 20.84 feet to e
points thane• westerly Ibloush Lot No. 194-10 and
' throe=h Lot No. 24 as shov4 on the eforentheioesd tiled
si -map North 489 000 000 West 121.39 'feet to the point at
plaes of beginniaa.
li
i
Chas. R. Sells. Ina.
Consulting Engineers b Surveyors
Bedford Hills. New Tork
Job l88-078
Odtebsr 18. 2991
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. ............ . • r.
LIBER10153PA6E14`�.
Thca Village ' _ Of Rye brook shall, after the
completionL, of any Construction or of any other work required
to be done in connection with the graiating of this easement,
restore -the surface of the surrbunding ground as nearly as
possible to its former condition, including trees and shrubs
where disturbed.
The Grantors also grant a temporary easement during
the course of any installation, removal, repair or replacement
of said sanitary sewer line for the piling of earth and
construction material on the sides of the land adjoining'the
said permanent easement ' herein described for a distance of
five (5) feet on the side of said permanent easement, upon
condition that such piling of earth and construction material
_ will be replaced as promptly as feasible after any removal,
repair or replacement will be performed as expeditiously as
) conditions permit, and the premises shall be restored to its
previous condition to the extent reasonably possible.
s TO HAVE AND TO HOLD, said perpetual sewer easement
unto the Grantee, its successors and assigns forever.
F • •
o, IN WITNESS WHEREOF, the Grantor has executed this
instrument the data and year first above written.
RYE BROOK DEVELOPMENT PARTNERS,
€` A New York Partnership
�t
By:
MITCHELL HOCHBERG, as President
{ of BROOK V40 VENTURES, INC.,
' Managing Partner of RYE BROOK
DEVELOPMENT PARTNERS
g.
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j D100tE-21A
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�•. EIaEM 15 3PAGE 143
w STATE of NEW YORK }
'COUNTY OF WESTCHESTEER) �
On the day of October, 1991, before me
personally came MITCHELL HOCNBERG, to me known, who, being by
me duly sworn, did depose and say that he resides ht Madden E
Place, Harrison, New York, is the President of Brook Two
Ventures, Inc., the Managing Partner of Rya Brook Development
Partners, a New York Partnership, which executed the foregoing
instrument; that he knows the seal of said eorporationt that
t,hQ seal affixed to said instrument is suet corparata seal?
• that it was so affixed by order of the Board of Directors of
said corporation, and he signed his name thereto by like
order.
Notary Public
RECORD AND RETURN TO:
' r �
Milton. Berner, Esq.
900 East Boston Post Road
Mamaroneck, NOW York 10349
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